Jurisdiction in United Kingdom

Company Winding-up by the Court: Jurisdiction

Jurisdiction in North Ireland

Term for the area of judicial responsibility. It can refer to geographical or scope of work responsibility.

Jurisdiction in Scotland

Heritable Jurisdiction

Heritable Jurisdiction, in the law of Scotland, grants of jurisdiction made to a man and his heirs. They were a usual accompaniment to feudal tenures, and the power which they conferred on great families, being recognized as a source of danger to the state, led to frequent attempts being made by statute to restrict them, both before and after the Union. They were all abolished in 1746.

Source: Encyclopedia Britannica (1911)

Concept of Jurisdiction

The following is an old definition of Jurisdiction [1], a term which has several meanings:1. Governmental authority. In extradition treaties, more than mere physical, territorial, quasi territorial, or treaty jurisdiction; has the enlarged meaning which is equivalent to ” authority, cognizance, or power of the courts.” See State, 3(2); Territory, 1

Alternative Meaning

Power to hear and determine a cause. Power to hear and determine the subject-matter in controversy between parties to a suit, to adjudicate or exercise any judicial power over them. Relates to the exercise of judicial powers. Refers to the power of the court over the parties, the subject-matter, the res or property in contest, and the authority of the court to render the judgment or decree which it assumes to make. By jurisdiction over the ” subject-matter ” is meant the nature of the cause of action or relief sought; and this is conferred by the sovereign authority which organizes the court, and is to be sought for in the general nature of its powers or in the authority specially conferred. Jurisdiction of the “person” is obtained by the service of process, or by the voluntary appearance of the party in the progress of the cause. Jurisdiction of the ” res ” is obtained by seizure under process of the court, whereby it is held to abide such order as the court may make concerning it. See Notice, 1, Judicial. Hence, want of jurisdiction may be shown as to the subject-matter, the person, or, in proceedings in rem, as to the thing. Any movement by a court is the exercise of jurisdiction. . . If the law confers the power to render a judgment or decree, then the court has jurisdiction. Jurisdiction is coram judice whenever a case is presented which brings the power into action. Opposed, non-jurisdiction: the want of jurisdiction. Jurisdictional. Concerning, also exhibiting, the power to hear and determine a cause; opposed to non-jurisdictional: as, a jurisdictional amount, fact, limit, question; non-jurisdictional facts. Original jurisdiction. Jurisdiction conferred upon, or inherent in, a court in the first instance. Appellate jurisdiction. Power to review the final judgment, order or decree, of some inferior court. The essential criterion of appellate jurisdiction ip, that it revises and corrects the proceedings in a cause already instituted, and does not create that cause. It implies that the subject-matter has been already instituted and acted upon by some other court whose judgment or proceedings are to be revised. Exclusive jurisdiction. Jurisdiction confined to a particular tribunal or grade of courts. Concurrent or co-ordinate jurisdiction. Exists co-extensively and cotemporaneously in courts of equal or of different grade or systems. Exclusive jurisdiction is necessarily original, though original jurisdiction is not necessarily exclusive. The rule that among courts of concurrent jurisdiction the one which first obtains jurisdiction has the exclusive right to decide every question arising in the case, is limited to suits between the same parties or privies, seeking the same relief, and to such questions as arise ordinarily and properly in the progress of the first suit brought. 1 The forbearance which courts of co-ordinate jurisdiction, administered under a single system, exercise toward each other, whereby conflicts are avoided, by avoiding interference with the process of each other, is a principle of comity, with perhaps no higher sanction than the utility which comes from concord; but between State courts and those of the United States, it is something more. It is a principle of right and of law, and therefore of necessity. It leaves nothing to discretion or mere convenience. These courts do not belong to the same system, so far as their jurisdiction is concurrent; and although they co-exist in the same place, they are independent and have no common superior. They exercise jurisdiction in different planes. Where a cotirt, whether State or Federal, has legal custody of persons or property, the courts of the other jurisdiction will not arrest such persons or property. The possession of the officer is the possession of the court, and such action would invade the jurisdiction of the court. Where, in attachment proceedings in a State court, the sheriff is unable to make actual seizure because the property is in the possession of a United States marshal under an attachment from a Federal court, the creditor, though residing in the same State with the defendant, may, upon service of notice of his claim upon the marshal, intervene in the Federal court, and, upon showing a properly adjudicated claim, secure a right to share in the proceeds of the sale of the property. Limited or special jurisdiction. Jurisdiction which is confined to particular causes, as, those involving demands for money up to a certain sum. General jurisdiction. Extends to all cases comprised within a class or classes of causes, in particular to causes of a civil nature. Inferior jurisdiction is opposed to superior jurisdiction, civil to criminal jurisdiction, equitable and statutory to common-law jurisdiction. In chancery, ordinary jurisdiction is that wherein the common law is observed; extraordinary, that of equity and good conscience. See Chancery.Where there is a lack of jurisdiction, a judgment is void; where there is a wrongful or defective exercise of the power, the judgment is voidable. see, in this resource, the term Jurisdiction once acquired is effectual for all purposes, and exclusive. But the court must proceed according to the established modes governing the class to which the case belongs, and must not transcend the law in the extent or character of its judgment. Jurisdiction having attached in the original case, everything done within the power of that jurisdiction, when collaterally questioned, is to be held conclusive of the rights of the parties, unless impeached for fraud. Every intendment is to be made to support the proceeding. Infinite confusion would ensue were the rule otherwise. The record of a court of special jurisdiction must show its jurisdiction: nothing is presumed in its favor; otherwise, as to a court of general jurisdiction. See further Apparere, De non, etc. Jurisdiction is given by the law; consent can neither give nor take it away, – except, perhaps, as to juris- diction over the person. Where there is collusion to give jurisdiction, the court will dismiss the suit for want of jurisdiction. When a law conferring jurisdiction is repealed without a reservation as to pending cases, such cases fall with the law. See Court; Judgment; Judicial, Power; Judex, 2, Boni, etc.; Prohibition, 1.

Resources

Notes and References

1. Meaning of Jurisdiction provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

Resources

See Also

Further Reading